Echols v. Clark
Echols v. Clark
Opinion of the Court
Mary Jane Echols brought suit against Charles E. Clark, an attorney, alleging professional malpractice in his handling of her claim for recovery of insurance benefits. The trial court denied Echols’ mo
The record reveals that appellant was a named insured on an automobile liability insurance policy issued to her husband by Sentry Insurance Company in 1974, prior to the effective date of the Georgia Motor Vehicle Accident Reparations Act (Ga. L. 1974, p. 113). The policy provided for basic personal injury protection (PIP) coverage of $5,000 plus $3,000 in medical expense coverage. Linda Gardner, a Sentry claims unit manager, testified by affidavit that on or before January 1, 1975, Sentry sent notices by first class mail to all policyholders at their policy addresses informing them of the new PIP coverage options and including a return form that allowed the policyholders to accept or reject the proffered coverage. Gardner averred that a second such notice, identical to the first, was sent in late January 1975, and that a thorough search of Sentry’s records failed to uncover any evidence that appellant or her husband returned a notice form at any time after the 1975 mailings.
Appellant was injured in an automobile accident on April 9, 1977. She received an uninsured motorist coverage settlement from Sentry and signed a release, but then hired appellee to file suit on the policy to recover increased optional PIP benefits. Appellee filed the action against Sentry on June 15, 1983, and this court held that the claim was barred for failure to file within the six-year limitation period. Sentry Ins. v. Echols, 174 Ga. App. 541 (330 SE2d 725) (1985). Appellant then filed the instant action.
Appellant contends the trial court erred by denying her motion for partial summary judgment as to liability and granting appellee’s summary judgment motion because material questions of fact remain regarding whether appellant would have prevailed on her claim against Sentry, and thus the issue of whether appellee’s negligence proximately caused appellant’s alleged damages should be decided by a jury. We do not agree.
A necessary element for recovery in an action for legal malpractice is proof that the attorney’s negligence proximately caused the client’s damages. Parten v. Swan, 183 Ga. App. 364, 365 (358 SE2d 906) (1987). Thus, the case at bar is viable only if appellant had a meritorious claim against Sentry that was compromised by appellee’s negligence. There is no dispute that appellant’s claim against Sentry depended on her entitlement to increased optional no-fault PIP benefits offered to Sentry policyholders who were insured prior to March 1, 1975. At the time pertinent to this action, OCGA § 33-34-5 (c) provided that “[o]n and after March 1, 1975, all named insureds in existing motor vehicle liability policies who have not previously responded to an offer to accept or reject the optional coverages required to be offered by [the Georgia Motor Vehicle Accident Reparations
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.